Virginia Code 9.1-502: Notice of charges; response; election to proceed under grievance procedure of local governing body
A. Before any dismissal, demotion, suspension without pay or transfer for punitive reasons may be imposed, the following rights shall be afforded:
Terms Used In Virginia Code 9.1-502
- Agency: means the Department of State Police, the Division of Capitol Police, the Virginia Marine Resources Commission, the Virginia Port Authority, the Department of Wildlife Resources, the Virginia Alcoholic Beverage Control Authority, the Department of Conservation and Recreation, or the Department of Motor Vehicles; or the political subdivision or the campus police department of any public institution of higher education of the Commonwealth employing the law-enforcement officer. See Virginia Code 9.1-500
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Law-enforcement officer: means any person, other than a Chief of Police or the Superintendent of the Department of State Police, who, in his official capacity, is (i) authorized by law to make arrests and (ii) a nonprobationary officer of one of the following agencies:
a. See Virginia Code 9.1-500
1. The law-enforcement officer shall be notified in writing of all charges, the basis therefor, and the action which may be taken;
2. The law-enforcement officer shall be given an opportunity, within a reasonable time limit after the date of the written notice provided for above, to respond orally and in writing to the charges. The time limit shall be determined by the agency, but in no event shall it be less than five calendar days unless agreed to by the law-enforcement officer;
3. In making his response, the law-enforcement officer may be assisted by counsel at his own expense; and
4. The law-enforcement officer shall be given written notification of his right to initiate a grievance under the grievance procedure established by the local governing body pursuant to §§ 15.2-1506 and 15.2-1507. A copy of the local governing body’s grievance procedure shall be provided to the law-enforcement officer upon his request.
B. A law-enforcement officer may proceed under either the local governing body’s grievance procedure or the law-enforcement officer’s procedural guarantees, but not both.
1978, c. 19, § 2.1-116.4; 1987, c. 461; 2001, c. 844.